The Statute
of Limitations is a law which sets forth the period after an event
during which a lawsuit must be filed. If a plaintiff (the person
who is bringing the suit) fails to file the lawsuit within the
prescribed period of time, then they will likely be barred from
pursuing the case further.
Under New
Jersey law, the time limits within which one must file a lawsuit
can be found in various statutes, including, but not limited to,
the New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14
and N.J.S.A. 2A:31 (wrongful death actions).
Statutes
of Limitations (generally in New Jersey):
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Personal
Injury Lawsuits: |
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Adults
- within 2 years from the date the injury occurred;
Minors - within 2 years of the person’s 18th birthday. |
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Medical
Malpractice Lawsuits: |
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Adults
- within 2 years of the time a person could or should have
known that malpractice was committed;
Minors - within 2 years of the person's 18th birthday (except
for injuries which occurred at birth, see below);
Minors (for injury at birth, only if born
before July 2004) - within 2 years of the
person’s 18th birthday;
Minors (for injury at birth, only if born
after July 2004) - by the person’s
13th birthday. |
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Wrongful
Death Claims: |
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Within
2 years of the decedent’s death (claims for pain and
suffering prior to death must be brought within the 2 year
time limits set forth above). |
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Prerequisites
for lawsuites against Public Entities, County,
State or Municipal entities or affiliated institutions: |
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Adults
- Notice of Claim within 90 days of the occurrence;
Minors - no later than within 90 days of the person’s
18th or 13th birthday (depending upon whether or not there
is a medical malpractice claim for an injury which occurred
at birth - see above). |
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Product
Liability Lawsuits: |
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Within
2 years of the date of occurrence. |
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| For more comprehensive
and updated information with regard to mandated requirements
applicable to Statutes of Limitations, always
consult with legal counsel. To read applicable sections of
N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (under Title 2A), log on
to the New Jersey State Legislature Database at this
link (NJSLD). |
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